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(영문) 수원지방법원 평택지원 2014.03.20 2013고단1638
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2012, at around 00:50, the Defendant, without obtaining a driver’s license, driven a rocketing car from approximately 2 km to the road front of the dyp station located in Pyeongtaek-si dong with a blood alcohol level of 0.130%, while under the influence of alcohol level of 0.130%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and registration reports on driving drivers;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Order to Attend the Criminal Procedure does not require severe punishment in that the defendant again committed the instant crime even though he/she had the power to punish several times, but is contrary to the fact that he/she does not commit the instant crime again, and there is no significant penalty power other than the fine, and the defendant’s age, character and conduct, family relationship, circumstances after the crime, etc. are considered. In addition, the punishment was set as the order.

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